Agenda - Council - 02/12/2002 - Laserfiche WebLink

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-34- City Engineer Olson stated that he would always ask for the easement, but would also explain that because they are outside of the ~vlUSA it is not required but they would be required to provide the proper information to prove the easement is not necessary. Councilmember Hendriksen felt that the policy should state that in every case encumbering wetlands with drainage and utility easements is required and then if the property owner objects the property owner needs to write that down and then it would be subject to Council approval. Councilmember Kurak reviewed what was included in the proposed policy explaining that it does not take away the City's right to demand an easement if the City sees it fit. Councilmember Hendriksen stated that he' felt it was better for the City to have the fight to take easement in every case and ~, have the property owner defend why it is not necessary. He inquired if the City would ha'Ce~l:0:;defend the "if necessary," if challenged in court. City Attorney Good~4~:mplied th~?~hey would have to defend the,if necessary" portion of the policy, but would ha-~e:to do so a}~i~f thai are given an option to challenge the decision. Motion by Councilmember~ra~:~g:~'nde~t'~y Mayor Gamec, to adopt Resolution #02-01 requiring all plats to delineate::~gPred~nce or'Wetlands and encumber the wetlands with drainage easements; except that any pro'hosed 13,~'~at!{S':~ten acres or more in size on a plat that is located outside the boundaries of the MUSA s'~/~tl not be re~qui[ed to delineate and encumber wetlands. Further discussion: Councilmember Z~e~an s~ted that several other cities do not allow for the exception and not ali wetlands are easily dbt~ined ~,g, fp~e may think. He stated that when the federal government created the wetland co .~atigpl7~ct~'~/,h~% made exceptions for farmlands, but when they start subdividing land they ent~:'~ neW*;~lm. C6mmunity Development Dii'ector Frolik noted that the current policy is an unwr~tt~:bolic~,¥She'~ggested adding a qualifier in the first sentence of#2 in the policy that would state may b~ exempf~ess approved' by the City Council, Councilmember Hendriksen inquired if that would be~,:t/~mpriate. City Attorney Goodrich replied that that language change would be accep~le', but~:~?would probably bring. opposition amongst the Council. Councilmember' Kurak notea~:that those language Changes were not part of her motion. Councilmember Anderson questi~bd if a property owner is going tO have to spend a lot of money to receive the waiver is it practical to even offer the waiver, City Engineer Olson replied that it would depend on the importance of the land to the property owner. Motion by Councilmember Hendriksen, seconded by coUncilmember Zimmerman, tO change the word "shall" to "may" in #2 of the policy following the wording "Metropolitan Urban Service Area.." Further discussion: Councilmember Anderson stated that shall is a required word in the law, where may is discretionary. She inquired as to whom would be making that decision. Councilmernber Hendr/ksen replied that the City would make that decision. He stated that he could accept the policy if the policy states that a property may be exempt. Councilmember City Council/January 22, 2002 Page 8 of 27